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Terms & Conditions

TERMS AND CONDITIONS OF THE ESS-POLSKA.PL ONLINE STORE OF 30.12.2021

I. Definitions

The terms used in the Regulations mean:
  1. Customer - a natural person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order within the Store.
  2. Seller - hereinafter referred to as SPC - operator of the ess-polska.pl shop: SPC - TOMASZ KITA Spółka Komandytowo-Akcyjna, ul. Tadeusza Kościuszki 114 2N, 61-717 Poznań, NIP 7831847671, KRS: 0000938196 and REGON 52067408, phone: +48 533 372 997, e-mail: info@specshop.pl .
  3. Consumer - in accordance with art. 22 [1] of the Civil Code means a natural person making a legal transaction with an entrepreneur not related directly to his business or professional activity.
  4. Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
  5. Regulations - these Regulations for the provision of electronic services as part of the kabar.pl online store;
  6. Online Store (Store) - a website available at kabar.pl, through which the Customer may, in particular, place Orders;
  7. Product - products presented in the Online Store;
  8. Sales contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between SPC and the Customer, concluded using the Store's website;
  9. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
  10. Act on the provision of electronic services - the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
  11. Order - Customer's declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.

II. General provisions

  1. These Regulations define the rules for using the online store available at: kabar.pl.
  2. These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
  3. The online store, operating at the address: kabar.pl, is run by SPC
  4. These Regulations define in particular:
    1. rules for registering and using the account as part of the online store;
    2. terms and conditions for making electronic reservations of products available as part of the online store;
    3. terms and conditions for submitting Orders via the online store;
    4. rules for concluding Sales Agreements with the use of services provided as part of the online store.
  5. Using the online store is possible provided that the IT system used by the customer meets the following minimum technical requirements:
    1. Internet Explorer 10 or later with JavaScript enabled, or
    2. Chrome 49 or later with JavaScript enabled, or
    3. Firefox 43 or later with JavaScript enabled, or
    4. Microsoft Edge 13 or later with JavaScript enabled, or
    5. Opera 36 or later with JavaScript enabled, or
    6. Safari 4 or later with JavaScript enabled.
  6. In order to use the online store, the Customer should gain access to a computer station or terminal device with Internet access on his own.
  7. In accordance with applicable law, SPC reserves the right to limit the provision of services via the Online Store to people over the age of 18. In this case, potential customers will be notified of the above.
  8. Customers can access these Regulations at any time via the link on the home page of kabar.pl and download it and print it out.

III. Rules for using the Online Store

  1. The condition to start using the Online Store is registration under it.
  2. Registration takes place by completing and accepting the registration form, available on one of the Store's websites.
  3. The condition for registration is to agree to the content of the Regulations and to provide personal data marked as mandatory.
  4. SPC may deprive the Customer of the right to use the Online Store, as well as limit his access to some or all of the Online Store's resources, with immediate effect, in the event of a breach by the Customer of the Regulations, and in particular when the Customer:
    1. provided false, inaccurate or out-of-date data, misleading or infringing the rights of third parties during registration in the Online Store,
    2. has infringed the personal rights of third parties via the Online Store, in particular the personal rights of other customers of the Online Store,
    3. engages in other behaviors that are considered by SPC to be inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of SPC
  5. A person who has been deprived of the right to use the Online Store may not re-register without the prior consent of SPC
  6. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification by unauthorized persons of personal data sent in The Internet.
  7. The customer is obliged in particular to:
    1. not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
    2. use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
    3. not to take actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store,
    4. use the Online Store in a way that is not inconvenient for other customers and for SPC ,
    5. to use any content contained in the Online Store only for personal use,
    6. to use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.

IV. Procedure for the conclusion of the Sales Agreement

  1. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of art. 71 of the Civil Code.
  2. In order to conclude a Sales Agreement via the Online Store, go to the website kabar.pl, select the goods, taking further technical steps based on the messages displayed to the Customer and information available on the website.
  3. The selection of the Goods ordered by the Customer is made by adding them to the basket.
  4. When placing the Order - until you press the button "I am ordering with the obligation to pay" or another equivalent informing about the obligation to pay - the Customer can modify the entered data and the selected Goods. To do this, follow the displayed messages and information available on the website .
  5. After the Customer using the Online Store provides all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will contain information on:
    1. subject of the contract,
    2. unit and total price of the ordered products or services, including delivery costs and additional costs (if any),
    3. selected payment method,
    4. chosen method of delivery,
    5. for delivery.
  6. In order to send the Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the button I order with payment obligation.
  7. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with SPC , in accordance with the Regulations.
  8. After placing the Order, the Customer receives an e-mail entitled "Confirmation of the order receipt" containing the final confirmation of all essential elements of the Order.
  9. The contract is considered concluded with the moment the Customer receives the e-mail referred to above.
  10. The sales contract is concluded in Polish, with the content in accordance with the Regulations.
  11. Customers can access these Regulations at any time via the link on the home page of kabar.pl and download it and print it out.
  12. Consolidation, protection and sharing of the Order data and the General Terms and Conditions (regulations of the online store) takes place via e-mail.

V. Delivery

  1. Delivery of the order placed is limited to the territory of the Republic of Poland and takes place at the address indicated by the Customer when placing the order. Does not apply to firearms, ammunition and pyrotechnics.
  2. Delivery of the ordered Goods is carried out by GLS and UPS courier, Parcel Lockers 24/7 and inPost Kurier services.
    The delivery costs are as follows:
    • Parcel lockers 24/7 - PLN 8.90 pre-paid order;
    • InPost Kurier - PLN 9.90 pre-paid, PLN 13.90 cash on delivery
    • GLS - 9.90 PLN for pre-payment, 13.90 PLN for cash on delivery;
    • UPS - PLN 15.90 for pre-payment, PLN 19.90 for cash on delivery;
  3. Delivery costs will also be indicated at the time of placing the Order.
  4. The time of delivery is from 1 to 7 working days from the date of sending the Order by the Customer.

VI. Prices and payment methods

  1. The prices of the Goods are given in Polish zlotys and in EUR and include all components, including VAT (with the amount of the rate), customs duties and all other components.
  2. The customer has the option to pay the price:
    1. by bank transfer to the bank account number,
    2. payment in the electronic banking system on the kabar.pl website,
    3. payment upon receipt of the goods.
  3. Online store rebates, unless otherwise stated, do not include shipping, collection, installment credit, PayPal, bank charges and other technical charges. The discount does not apply to products from the category of weapons and ammunition.

VII. Right to withdraw from the contract

Only the Customer who is also a Consumer is entitled to a 30-day withdrawal period. The consumer has the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right to withdraw from the contract, you must inform us SPC , Kościuszki 114 2N, 61-717 Poznań, info@kabar.pl about your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail).

You can also complete and submit the withdrawal form or any other unequivocal statement by electronic means on our website, kabar.pl. If you use this option, we will immediately send you a confirmation of receipt of the information on withdrawal from the contract on a durable medium (e.g. by e-mail)

To meet the withdrawal deadline, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.

The consumer may not withdraw from the sales contract in the case of purchasing an item manufactured / modified according to the customer's specification, and also when the product is delivered with a sealed package, which after opening the package cannot be returned due to health protection or reasons hygienic.

Consequences of withdrawal

In the event of withdrawal from this contract, we will refund all payments received from you, including delivery costs (except for additional costs resulting from your chosen method of delivery other than the cheapest standard delivery method offered by us), immediately and in any case no later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this return.

We may withhold the reimbursement until we receive the item or until we provide proof of its return. Please send back or hand over the item or items to us immediately, and in any case not later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of things.

VIII. Complaints about the Goods

  1. SPC as the seller is liable to the Customer who is a Consumer within the meaning of Art. 22 [1] of the Civil Code, under the warranty for defects to the extent specified in the Civil Code, in particular in Art. 556 and art. 556 [1] - 556 [3] and subsequent of the Civil Code.
  2. Complaints arising from the infringement of statutory rights or under these Regulations should be sent to the address reklamacje@spechurt.pl. SPC undertakes to consider each complaint within 14 days. Failure to consider the complaint within the above-mentioned period means that it is considered justified.
  3. SPC is not the producer of the goods. The manufacturer is liable under the warranty for the sold Goods under the terms and for the period specified in the warranty card. If the warranty document provides for such a possibility, the Customer may submit his claims under the warranty directly to an authorized service center whose address is on the warranty card.

IX. Complaints regarding the provision of electronic services

  1. SPC takes steps to ensure that the Store functions properly, to the extent that it results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time.
  2. The customer is obliged to immediately notify SPC of any irregularities or interruptions in the functioning of the Online Store website.
  3. Irregularities related to the functioning of the Store may be reported by the Customer in writing to the following address: SPC , Kościuszki 114 2N, 61-717 Poznań, by e-mail to info@kabar.pl or using the contact form.
  4. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of irregularities related to the functioning of the Store.
  5. SPC undertakes to consider each complaint within 14 days. Failure to consider the complaint within the above-mentioned period means that it is considered justified.

X. Settlement of disputes and final provisions

  1. A customer who is a consumer may, if interested, use out-of-court complaint and redress procedures. Disputes regarding online purchases can be resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or the arbitration process at the Provincial Inspectorate of Trade Inspection. The consumer may also use other methods of out-of-court dispute resolution and, for example, submit his complaint via the EU ODR online platform, available at: http://ec.europa.eu/ consumers / odr /
  2. If the Consumer is not interested in the possibility of using out-of-court dispute resolution, the settlement of any disputes arising between SPC and the Consumer will be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
  3. Settlement of any disputes arising between SPC and the Customer, who is not also a Consumer, will be submitted to the court having jurisdiction over the seat of SPC
  4. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law shall apply.
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